Mrs E Mitchell Miss N Davock v Carnatic Spa Limited — 2022

The tribunal, dealing with the case under Rule 21, amended the respondent name in Mrs Mitchell's claim from Natalie Ball to Carnatic Spa Limited. It found that both claimants had been dismissed in breach of contract in respect of notice and awarded damages of £1,083 to Mrs E Mitchell and £486 to Miss N Davock. Those sums were described as net sums based on gross pay because receipt would likely be treated as Post Employment Notice Pay.

The tribunal also found that both claimants were dismissed by reason of redundancy and were entitled to redundancy payments in the same amounts, £1,083 for Mrs Mitchell and £486 for Miss Davock. In addition, it found that the respondent had made unauthorised deductions from wages by failing to pay the claimants in lieu of accrued but untaken holiday entitlement.

For the holiday pay element, the tribunal awarded £180.50 to Mrs Mitchell and £1,231.20 to Miss Davock, stating that any gross sums were payable less the appropriate deductions for tax and national insurance, if any, for which the respondent had to account to HMRC. Miss Davock's unfair dismissal complaint succeeded, but the remedy was left for a later remedy hearing if she sought one. The final hearing listed for Mrs Mitchell on 18 July 2022 was cancelled.